People v. Peterson CA2/3

Filed 6/6/22 P. v. Peterson CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B312069

Plaintiff and Respondent, Los Angeles County Super. Ct. No. LA041734 v.

STANLEY FITZGERALD PETERSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. William C. Ryan, Judge. Affirmed.

Roberta Simon, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven E. Mercer and Noah P. Hill, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

A court convicted Stanley Fitzgerald Peterson of assaulting his disabled son and sentenced him to 25 years to life as a third strike offender. Peterson subsequently filed a petition for recall of sentence under Penal Code section 1170.91.1 The court denied the petition after finding Peterson is ineligible for relief because he was sentenced to an indeterminate term. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In February 2003, the People charged Peterson with assaulting his disabled son by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)). Peterson waived his right to a jury trial, and the court conducted a bench trial. The court found Peterson guilty of violating section 245, subdivision (a)(1). The court further found he had prior convictions for voluntary manslaughter (§ 192, subd. (a)) and criminal threats (§ 422), both of which qualified as strikes for purposes of the Three Strikes law. Accordingly, the court sentenced Peterson to 25 years to life as a third strike offender. Peterson appealed, and this court affirmed the judgment. (See People v. Peterson (July 29, 2004, B169151) [nonpub. opn.].) In 2013, Peterson filed a petition for resentencing under Proposition 36, section 1170.126.2 While that petition was